Wang (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a Subclass 500 (Student) visa. The applicant had been invited by the Tribunal to provide information regarding their enrolment in a course of study and their status as a genuine temporary entrant, pursuant to section 359(2) of the Migration Act 1958. The applicant failed to respond to this request within the prescribed period, and did not seek an extension of time. Subsequently, the Tribunal issued a further letter under section 359A, inviting the applicant to comment on information from the Provider Registration and International Student Management System (PRISMS) indicating a lack of current enrolment.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the procedural implications of the applicant's failure to provide requested information, which engaged section 359C and section 360(3) of the Act, impacting the applicant's entitlement to a hearing.

The Tribunal reasoned that PRISMS is a reliable business record of the Department of Education, Skills and Employment, used by the Department of Home Affairs as evidence of enrolment for student visa assessments. As the PRISMS search revealed no current confirmation of enrolment for the applicant as at 30 September 2022, and the applicant provided no evidence to the contrary, the Tribunal accepted this information. Given the applicant's failure to respond to the section 359(2) invitation and the subsequent section 359A letter, and the information from PRISMS indicating non-enrolment, the Tribunal concluded that the applicant did not satisfy the criterion in clause 500.211.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision under review, meaning the applicant was not granted the visa.